Bill 13 committee hearings end in Toronto amidst speculation about future of GSAs

The president of the Ontario Catholic School Trustees’ Association (OCSTA) has told Xtra that Catholic boards will ignore new anti-bullying legislation and continue to ban gay-straight alliances (GSA) even if the province passes a law compelling them to do otherwise.

During the final day of public deputations to the standing committee on social policy at Queen’s Park May 15, Nancy Kirby declared support for “anti-bullying clubs” but said Catholic schools will not allow GSAs.

“They can name the clubs what their principals [allow] under existing administrative guidelines," she said.

Kirby's position effectively means that unless the government clarifies the language in the Accepting Schools Act (Bill 13), the new anti-bullying legislation will give the cold shoulder to Ontario queer Catholic youth, says Casey Oraa, vice-chair of Queer Ontario. “The government has never enforced their policy," he says, noting that GSAs have previously been recommended for all schools. "Why should we believe they would start now?”

Oraa has joined other activists in calling for stronger wording in the final bill in order to mandate GSAs in all publicly funded Ontario schools if students ask for them.

Kirby's statement came during the final day of Toronto depuations on two anti-bullying bills that have been before the committee. It is examining Bill 13 and the Progressive Conservatives' Bill 14. Both will likely be merged before third reading. Meanwhile, deputations will continue in Ottawa on May 24. After that, the committee moves into clause-by-clause reading of the bill, May 28 and 29, then third reading by the end of the month.

The deadline to file an amendment for Bill 13 is May 24 at 5pm.

During four full days of public deputations, many spoke in favour of Bill 13, but many more rejected it, specifically any reference to GSAs, homosexuality, homophobia and gender. On May 15, speaker David Blair referred to homosexuality as “terrorism” and suggested that the committee consult “the ex-gay community” to submit amendments to the bill. John Del Grande, a Toronto Catholic trustee, said all bullying is the same and “supports should be universal.”

NDP MPP Peter Tabuns, who supports Queer Ontario's recommendations to change the language around GSAs, says the province is on a collision course with Catholic trustees. “There will be a disagreement [between Catholic boards and the government] when this bill is passed,” Tabuns says, adding that he doesn’t think the dispute over GSAs will prevent the bill from passing third reading. Most legislators are supportive, he says.

Education Minister Laurel Broten told Xtra that GSAs can no longer be denied by school administrators. “The debate is over on whether students can have a club like a gay-straight alliance.”

Broten says the language in the legislation is strong enough for enforcement. “If students want to start a single-issue club, schools must support that club. It can be a GSA or another name . . . We know how important the single-issue clubs are. We also know that has been an area of challenge for some students who have asked for clubs and had that request denied. Bill 13, as it’s drafted, makes it very clear that that debate is over.”

Broten, however, said she will look closely at recommendations submitted by Queer Ontario, the Canadian Civil Liberties Association, Catholic Students for GSAs and others.

She didn't give a firm answer when asked how she will ensure that Catholic boards comply with the law, noting, “I have every expectation that Catholic schools will adhere to Bill 13, and I feel very confident that they can.”

During question period on May 16, Tabuns asked Broten about GSAs and pushed her for confirmation that the government will stand behind students should the issue go to the courts.

The Catholic Civil Rights League’s Phil Horgan told the committee the government will face a court challenge if it tries to make Catholic schools accept GSAs. “In our view, Catholic schools have their [denominational] rights under the constitution. They are protected.”

A new Forum Research poll has found that a majority of Ontarians support GSAs. The poll also shows that 53 percent oppose public funding of Catholic schools, the Toronto Star reported May 16.

Meanwhile, after the final deputation, PC MPP and deputy education critic Rob Milligan told Xtra, "I don’t care what you call the organization as long as you’re treated as an equal and you respect one another.”

He continued, "I support students . . . Call it whatever you want to call it."

Hall says she suspects students have not yet filed a complaint because their cause was gaining momentum at the provincial level. Their activism pushed legislators to write a new law for Ontario in November and it appeared changes were on the way, she says.

“They have been asked to trust the system up to this point,” she says. “And now we are seeing many rights competing . . . There are some issues that will just not be worked out through a mutual understanding, and this may be one.”

Hall also expects the issue to end up in the courts. “There’s always the option to go to the courts, and sometimes when rights appear to be competing, that’s where it has to go, unless there’s a genuine interest by both groups that both can live with. It may be that the views are just so strong, and if that’s the case, then that’s where it has to be to be resolved.”

Is there any law that the Catholic hierarchy WILL follow? With all the lawbreaking done by the Catholic church, you'd think they'd be the last to trumpet their intended violation of even more laws, particularly involving children. They have no credibility, no moral authority in this regard, just special privileges courtesy of an obsolete constitution. The Church's hubris never fails to amaze.

I am seventeen and a student at F.J. Brennan here in Windsor. I outrages me to see how much power and influence religion has on ones own safety in their community. GSA only serve for the better of gay bi, trans, confused etc youth and for our country to want to limit and "ignore" bulling is unbelievable . It's as if everyone in society has forgotten our rights for equality and safety. It's as of the Catholic domain want to eliminate homosexuality from our country. I understand that religions have norms and expectations.. I was baptised , I know what is excepted, I am catholic but never the less , I fear for what I am and for what..things like this , non acceptance . It's as if cases such as Vriend,and H vs M didn't exist in our success stories of the law. To legalize such things are a disgrace. I fight for what I feel must be , I want for a GSA at my school and others that need and or want one !!

The operative text of a constitutional amendment to abolish public funding of Catholic schools in Ontario can be as short as the following two numbered paragraphs:
1. The Constitution Act, 1867, is amended by inserting the following after section 93A: (quote) 93B. Paragraphs (1) to (4) of section 93 do not apply to Ontario. (end of quote).
2. This Amendment may be cited as the Constitution Amendment, 2012 (Ontario). If you are interested, you can read the current text of section 93 of The Constitution Act, 1867 at http://lois.justice.gc.ca/eng/Const/page-5.html#51

There is not a single issue I care more about than having this twice-U.N.-condemned human rights violation corrected. Even if it didn't save us 2 billion dollars a year, this would still be the right thing to do. The fact that it frees up 2-billion for education or healthcare (or whatever)FOR EVERYONE, regardless of their religion, is just icing on the cake. Another bonus is that not a single teacher would end up losing their job. Same number of students means that the same number of teachers would be required. All we're doing is amending the Constitution (just like Quebec did a decade ago) to remove a hideously embarrassing anachronism.

Benedict, thanks for elaborating. So it's even closer a goal than I thought. Didn't know that about the unilateral nature of this decision - Catholic Quebec doesn't need to be on board? None of the three major parties will lead with this, which is why I won't vote for them. I appreciate your contribution.

I can't believe this is happening in Ontario. After scratching my head long and hard, I see that there's only one fix for this Dark Ages-style absurdity: Have the Catholics pay for their own schools. Public dollars should be used only for truly public schools, where all kids are treated equally and respected. No closets. If the Church wants authority over an entire school system, why doesn't it pay for it? This is a glaring example of why the UN has twice condemned Canada for Ontario's medieval school funding policy.

All it takes to amend the Ontario catholic school funding provision in the Constitution is a resolution of the Ontario Legislature and a resolution of the federal Parliament. Since the provision only applies in Ontario, the consent of the other provinces is not required. When the Newfoundland Legislature passed a resolution to repeal the Newfoundland catholic school funding clause in the Constitution, the federal Parliament quickly followed. The federal Parliament did so on the grounds that it should not oppose a change favoured by a province that (1) only affects that province, (2) relates to an area of provincial jurisdiction like education, and (3) fosters equality by removing an antiquated clause which favours one religious group over others. If the Liberals and the NDP in the Ontario legislature really wanted to, they could pass the resolution tomorrow. In view of the Newfoundland precedent, it's likely that the federal Parliament would defer to the Ontario Legislature.

No funding for religious education. Period. And please, don't lecture about the Constitution. If the Constitution requires this, and that's a fairly recent interpretation, then we need to change it, not kowtow to it. The ongoing provision of public funding to Catholic school boards is a violation of the basic premise of equality and an affront to state secularism. The ongoing obsession with the GSA issue skirts the real problem - that there is no good justification for this funding set-up in 2012. I'm furious that I'm still paying for this crap in this day and age. It wasn't really that long ago that students were given Friday afternoons off to protest abortion clinics. I'm tired of collectively funding this bunch while they resist ever effort to drag them into the 21st century.